By the Paddocks Club team
Below are examples of two questions on the Paddocks Club discussion forum. We want to show you what is available to our Community members!
If the Managing Agent receives an e-mail from an owner, giving proxy to someone, it can be verified that the e-mail was sent from the owner’s e-mail address – the Chairman is of opinion that if he declares this at the start of the annual general meeting and owners have no objection, he can accept the e-mail as a valid proxy.
Also note that there is Special Resolution to amended Conduct Rules to be voted on.
Prescribed management rule 20(5) requires that a proxy appointment must be substantially in the form of the prescribed Form C. That means all the content of Form C must be included. One of the content items is the signed acceptance by the person appointed as proxy. So, from your description, this is not a valid appointment.
If all the information was included in the email, the managing agent could print it out and the proxy could sign acceptance at the meeting, before it starts.
Best thing to do would be for the owner to complete the copy of Form C that is required to be included in the notice of the meeting, scan it and attach it to the email.
Unanimous Resolution – does the normal no quorum provisions apply?
If a general meeting is called to pass a unanimous resolution and the 80% quorum is not obtained, does the meeting get adjourned like other general meetings? And, if one person arrives at the adjourned meeting, does he/she make the decision on the unanimous resolution?
It is my understanding that it does not get adjourned and a new meeting will have to be called if it is decided to persist with the matter which will again require a quorum of 80%.
You are 100% correct. A new meeting will have to be called if it is decided to persist with the matter which will again require a quorum of 80%.
Article reference: Paddocks Press: Volume 12, Issue 12, Page 04.
Professor Graham Paddock, Anton Kelly, Dr Carryn Melissa Durham and Zerlinda van der Merwe are available to answer questions on the Paddocks Club discussion forum for Community members. Get all your questions answered by joining Paddocks Club.
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